The drug possession laws in New York say that it is a crime to willfully possess illegal controlled substances, such as cocaine, heroin, methamphetamine, marijuana, and LSD. Even if the substance found in your possession is for personal use and you do not intend to sell it, you could pay hefty fines and do prison time, as well.
I can defend you. I have handled hundreds of drug possession-related cases in New York, both as a prosecutor and a defense attorney. Whether the case involves charges of simple paraphernalia possession or a complicated case spanning a decade, I have the experience that translates into favorable results for clients.
What Constitutes Drug Possession?
In New York, drug possession laws separate controlled substance and marijuana-related offenses. The basics of the charges, however, are essentially the same.
To be charged for possession, the prosecutor must prove beyond reasonable doubt that:
- The item is a controlled substance
- The defendant knew he or she possessed the substance
- The possession was unlawful
Common scenarios of drug possession-related arrests:
- You’re hanging out with some friends; one has drugs on him or her. Everyone is arrested.
- You’re in a car, and one of the people in your car possesses drugs.
- You’re in someone else’s car; the car contains drugs
- You’re caught with a syringe or drug paraphernalia that has drug residue on it
- You’re caught with Rx medication w/o Rx
- You’re caught with drugs on you
Criminal Possession of Controlled Substance
The New York Penal Section 220.03 defines criminal possession of controlled substance as:
“…when (the defendant) knowingly and unlawfully possesses a controlled substance; provided, however, that it shall not be a violation of this section when a person possesses a residual amount of a controlled substance and that residual amount is in or on a hypodermic syringe or hypodermic needle obtained and possessed pursuant to section thirty-three hundred eighty-one of the public health law; nor shall it be a violation of this section when a person’s unlawful possession of a controlled substance is discovered as a result of seeking immediate health care as defined in paragraph (b) of subdivision three of section 220.78 of the penal law, for either another person or him or herself because such person is experiencing a drug or alcohol overdose or other life threatening medical emergency as defined in paragraph (a) of subdivision three of section 220.78 of the penal law.
Criminal possession of a controlled substance in the seventh degree is a Class A misdemeanor.”
Criminal Sale of Controlled Substance
A person is guilty of the criminal sale of a controlled substance when he or she sells the substance (to sell, meaning to exchange the drug for money).
Usually in scenarios like this, it is a buy and sale bust (known as a “buy-and-bust” operation). Usually there is an undercover detective who purchases the drugs. Other times it is a sting operation where the accused is under surveillance.
Note: For individuals with non-violent drug offenses, and without a violent criminal history, I can help get them into treatment court. This also applies to felony possession charges.
Possession of Drug Paraphernalia
Along with drug possession, possession of drug paraphernalia is another related and commonly charged crime in New York. Almost anything can be considered paraphernalia, but items such as glass pipes, syringes, and bongs are commonly associated with this crime.
A person can be arrested in an undercover sting and bust.
Defense Lawyer for Drug-Related Crimes
If you’ve been charged with a drug possession-related crime, let me represent you. During my tenure as a prosecutor I dealt with 100’s of these cases. With this experience, I’ve honed my skills as defense council, which has allowed me to present a vigorous defense for my clients If you work with me, I’ll be there from the time of arrest to the completion of your sentence, and present the best possible defense and aggressively seek the best possible result.
Call today at 516.399.0233 for a free 15-minute consultation.
